Section 3 allows for a person to be admitted to hospital for treatment if their mental disorder is of a nature and/or degree that requires treatment in hospital. In addition, it must be necessary for their health, their safety or for the protection of other people that they receive treatment in hospital.
Can next of kin of an individual can apply for admission under section 3 of the Mental Health Act 2007?
No application for admission or treatment under section 3 may be made by an [AMHP] without first consulting with the nearest relative unless the [AMHP] considers that such consultation is not reasonably practicable or would involve unreasonable delay (section 11(4)).
What is Section 3 of Mental Health Act?
Section 3 of the Mental Health Act is commonly known as “treatment order” it allows for the detention of the service user for treatment in the hospital based on certain criteria and conditions being met.
Who does the Mental Health Act 2007 apply to?
The provisions are aimed at people over 18 who suffer from a mental disability or disorder, lack capacity to give informed consent and for whom, following an independent assessment, care is considered necessary in their best interests to protect them from harm.
Can a relative apply for admission under section 3?
Yes. You cannot be detained under section 3 or be placed under a guardianship if your nearest relative disagrees. To object, your nearest relative needs to tell the approved mental health professional (AMHP) and give them reasons why they disagree. This can be done verbally or in writing.
What happens if nearest relative objects to section 3?
The Section 3 admission application cannot go ahead if your Nearest Relative objects, however, if the objection is considered unreasonable this may result in the AMHP making an application to the County Court for displacement of your Nearest Relative and the appointment of a different one.
Can a nearest relative discharge section 3?
Your Responsible Clinician can stop your nearest relative from discharging you if they think you may be a risk to yourself or others. If this happens and you are under section 3, your Nearest Relative can apply to the tribunal to discharge you.
Who can apply for Section 3?
You can be detained under section 3 if: you have a mental disorder. you need to be detained for your own health or safety or for the protection of other people, and. treatment can’t be given unless you are detained in hospital.
What’s the difference between Section 2 and Section 3?
2 Mental Health Act lasts for 28 days, and its main purpose is to assess a patient in hospital (although it does also permit treatment). S. 3 MHA lasts for a maximum of 6 months, and is for the purpose of treatment.
How long does a Section 3 last for?
The assessment section (section 2) lasts up to 28 days. The treatment section (section 3) lasts up to 6 months and can be renewed (for a further 6 months, then annually). The emergency sections last up to 72 hours during which time arrangements must be made to assess if a section 2 or section 3 is necessary.
What is a Section 4 of the Mental Health Act?
Section 4 of the Mental Health Act is an emergency application for detention in hospital for up to 72 hours. It requires only one medical recommendation from a doctor and the application is usually by an Approved Mental Health Professional, on very rare occasions it can be applied by the Nearest Relative.
What is Section 5 of the Mental Health Act?
Section 5(4) gives nurses the ability to detain someone in hospital for up to 6 hours. Section 5(2) gives doctors the ability to detain someone in hospital for up to 72 hours, during which time you should receive an assessment that decides if further detention under the Mental Health Act is necessary.
What is the difference between the Mental Health Act 1983 and 2007?
The following are the main changes to the 1983 Act made by the 2007 Act: definition of mental disorder: it changes the way the 1983 Act defines mental disorder, so that a single definition applies throughout the Act, and abolishes references to categories of disorder.
What is the difference between next of kin and nearest relative?
Nearest relative is not the same as the next of kin. The next of kin has no rights under the Mental Health Act. … Your nearest relative can apply to discharge you from the Mental Health Act. An application can be made to the County Court to have your nearest relative removed or changed.
How do I get off Section 3?
But once you have been sectioned and are in hospital, there are several ways of getting discharged:
- Ask your responsible clinician to discharge you.
- Ask your hospital managers to consider discharging you.
- Ask your nearest relative to discharge you.
- Apply to the Mental Health Tribunal to be discharged.
Who can be nearest relative Mental Health Act?
If there are two people from the same group, the elder person is nearest relative. So for example, if you have two siblings, the elder one would be your nearest relative. If you have lived with a relative or are cared for by one of your relatives, they will become your nearest relative.